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1999-02-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 42 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 1, 1999 at 6:30 p.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. Chairman Caster announced that the following Public Hearings had been withdrawn by the petitioners: Item 5.3: Rezoning request by John Wessell for Upson and Baker Properties, LLC to rezone 1.46 acres at 5615 Bavarian Lane to O-I Office and Institution from R-15 Residential (Z-647, 1/99) Item 5.9: Subdivision Appeal by SANCO of Wilmington Service Corporation to appeal the decision by the Planning Board’s Technical Review Committee to deny approval of Grand Bay @ Beau Rivage for 78 units (SA 14, 11/98) APPROVAL OF CONSENT AGENDA Vice-Chairman Greer discussed Consent Agenda Item 2 and stated that he was not opposed to the Foster Grandparent Program; however, when the Board is in the process of preparing the budget for the next fiscal year, the Commissioners should remember that this program pays $160,000 annually for 30 volunteers. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve Consent Agenda Item 2 and the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular MeetingDecember 7, 1998 Regular MeetingJanuary 4, 1999 Regular MeetingJanuary 19, 1999 Closed SessionJanuary 19, 1999 Acceptance of Foster Grandparent Grant from January 1, 1999 through December 31, 1999 for the Department of Aging and Approval of Associated Budget Amendment #99-0078 The Commissioners accepted the Foster Grandparent Grant in the amount of $123,581 for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 43 January 1, 1999 through December 31, 1999 for a second year, and approved the associated budget amendment. The County’s in-kind match of $36,296 has been budgeted. The funds will be used to pay a stipend to lower income older adults who work with children that are disadvantaged or “at- risk”. Budget Amendment #99-0078 - Department of Aging-Foster Grandparent Grant Debit Credit Foster Grandparent Grant$3,599 Foster Grandparent Grant Salaries$894 FICA$ 99 Auto Reimbursement$256 Travel$100 Supplies$150 Telephone$150 Postage$350 Equipment$600 Contracted Services$200 Uniforms$200 Volunteer Recognition$600 Purpose: To adjust budget to actual amount of new Foster Grandparent Grant plus amount rolled over from last fiscal year. Approval of North Carolina Department of Forestry Annual Contract (Contract # 99-0077) The Commissioners approved the annual contract for services with the North Carolina Department of Forestry for fire protection and development and improvement of forest land in the County. The County’s share is used to operate and staff the local office. The remainder is funded by the State. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Award of Landscaping Maintenance Contracts to Evergreen Landscapes, Inc. (Contract #99- 0174 and Parker Landscaping, Inc. (Contract #99-0174) The Commissioners awarded the landscaping maintenance contracts for all county property that is not a part of the Parks System to Evergreen Landscapes, Inc. and Parker Landscaping, Inc., at $94,083 per year for 1999, and $96,905 for FY 2000, which is an automatic 3% increase in the second year. The Chairman was authorized to execute the necessary contracts. Funding is available in the Cultural and Recreational Function of the General Fund FY 1998-99 Budget. Bids were solicited, and the two firms selected submitted the lowest bids. Copies of the contracts are on file in the Legal Department. Authorization for the New Hanover County Parks Department to Establish the “Matching Incentive Grants Program” The Commissioners authorized the Parks Department to establish a program which will allow community recreation providers an opportunity to combine their resources with New Hanover County in order to accommodate the development and/or improvement of athletic facilities on County Park sites. Athletic organizations and other groups would be asked to submit an application pledging up to 50% of the cost for improvements to facilities where their programs operate. The Parks & Recreation Advisory Board would screen the applications and make recommendations to the Board of County Commissioners for award of the grants. The Parks Department would request a line item amount each year to be available for the program. A copy of the program is on file in the Parks Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 44 Award of Contract # 99-0185 to Atlas Construction, Inc. of Fayetteville, N.C. to Perform Clearing and Grading Work at the Ogden Park Site The Commissioners awarded a contract to Atlas Construction, Inc. of Fayetteville, N. C., the low bidder, in the amount of $180,000 including alternates to perform clearing and grading of parking lots and playing fields at Ogden Park. Sufficient funds are available in the budget. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Authorization for the Chairman to Write a Letter of Support for Federal Legislation to Increase Parks Funding The Commissioners authorized the Chairman to write a letter of support to the Congressional delegation endorsing pending legislation to restore the matching grant program known as the Land and Water Conservation Fund (LWCF). Thirty-five years ago, the original LWCF matching grant program was created with the philosophy that revenue from the sale of the country’s natural resources could be used to acquire and develop resources that would provide future generations with places to play, explore and relax. This program provided funding to accomplish this goal for over twenty years until funding for the state matching grants was eliminated from the program in the mid 1980's. Local governing bodies have been asked to request endorsement of this legislation from their Congressional delegation in the form of a letter. Approval of a Reduction in the Number of Members Serving on the Human Services Allocation Advisory Committee (HSAAC) The Commissioners approved reducing the number of members serving on the Human Services Allocation Advisory Committee by two with elimination of the Juvenile Court representative and one at-large member. Reducing the Committee’s membership will simplify the coordination efforts needed without negatively impacting the decision making of the Committee.This action is being taken since the newly established Juvenile Crime Prevention Council will oversee programs that target at-risk or adjudicated youth. Adoption of Resolution to Request the N.C. Department of Transportation to Add Roads to the N.C. State Highway System The Commissioners adopted a resolution for the State to consider adding Dunhill Lane, Chilmark Court, Brewster Lane and Wellfleet Court in Brewster Place Subdivision to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 3. Approval of Budget Amendment #99-0082 to Budget Additional Funding from the Division of Community Health for Project Assist ADJUSTMENTDebitCredit Health/Project Assist Project Assist $8,326 Postage$2,000 Printing$2,500 Departmental Supplies$3,126 Employee Reimbursement$ 200 Training & Travel$ 500 Purpose: To budget additional funding from the Division of Community Health for Project Assist. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 45 ADOPTION OF PROCLAMATION DESIGNATING FEBRUARY AS “HUMAN RELATIONS MONTH” IN NEW HANOVER COUNTY Chairman Caster requested the Board to adopt a proclamation designating February as “Human Relations Month” in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a proclamation designating February as “Human Relations Month” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster read and presented the proclamation to the Director of Human Relations, Anthony W. Wade. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 3. ACCEPTANCE OF ANNUAL REPORT SUBMITTED BY THE HUMAN RELATIONS COMMISSION Director of Human Relations, Anthony W. Wade, presented the Annual Report of the Human Relations Commission on the activities of the Commission during the past year. As indicated in the report, the Human Relations Commission and Staff have executed their responsibilities in accordance with the New Hanover County Code as outlined in the Fair Employment and Fair Housing Ordinances. The community has been served through education outreach efforts that have promoted well being and harmony within the community. The Commission has investigated employment and housing discrimination issues when raised by citizens. The Human Relations Commission will continue to work behind the scenes to bring parties together to ensure that the quality of life for individuals in our community is second to none. In closing, Director Wade expressed appreciation to the Commissioners for their continued support of the Human Relations Commission. He requested the Board to accept the Annual Report as presented. Commissioner Birzenieks said that New Hanover County was fortunate to have Mr. Anthony Wade as Director of Human Relations. He noted that Mr. Wade was truly a special and unique individual, who was not only competent technically, but has the diplomatic skills that are required to be a successful administrator in this position. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to accept the annual report as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECOGNITION OF MELANIE HAYES, WINNER OF THE HUMAN RELATIONS THEME CONTEST Human Relations Director Anthony Wade reported that each year, young people are encouraged to participate in a Human Relations theme contest to hear how they view the world and how the world should be. He introduced Miss Melanie Hayes who was selected as the winner of the Human Relations theme contest. Chairman Caster requested Miss Melanie Hayes, a ninth grader at Laney High School, to step forward to receive a plaque in honor of submitting the best theme for Human Relations Month, which reads as follows: “Life is Like a Flower Garden, We’re Different; Let’s GROW Together” Chairman Caster, on behalf of the Board, presented the plaque to Miss Hayes and he congratulated her for an excellent theme. A round of applause was given to Miss Hayes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 46 PRESENTATION OF REPORT SUBMITTED BY THE SOLID WASTE ADVISORY BOARD Vice-Chairman Greer advised that the Solid Waste Advisory Board had been meeting for over a year, and he stated this Advisory Board was in the process of resolving many difficult issues. During the past week, Environmental Management Director Ray Church has been meeting with the haulers to determine how much the tip fee should be reduced to keep waste from being carried out of New Hanover County. No final conclusions have been reached, but it is hoped that a tip fee can be established to allow waste to remain in New Hanover County. He requested Director of Environmental Management Ray Church to present a status report on the activities of the Solid Waste Advisory Board and the events that are occurring at WASTEC. Director Church presented the initial recommendations of the Solid Waste Advisory Board as voted upon at its January 1999 meeting: Mandatory Garbage Collection 1. ? The Advisory Board voted 6-5 to support recommending the Commissioners mandate garbage collection in the unincorporated areas of the County. ? A committee was established to develop potential approaches to implement the system of mandatory garbage collection. ? A suggestion was made that the cost to the residents be included in their tax bill for the purpose of creating a tax deduction. Close WASTEC 2. ? The Advisory Board voted 7-4 (including 3 abstentions counting as ‘yes’ votes), to recommend not closing WASTEC. Long-Term Tipping Fee Agreements 3. ? The Advisory Board voted 7-4 to recommend pursuing long-term agreements with the waste haulers and municipalities for tipping fees. Director Church reported that during the summer, Waste Management reopened its transfer station to remove approximately 60 tons per day of waste to the Sampson County Landfill. Mr. Chris McKeithan, President of Waste Management, stated that its corporate office requested this action to allow Waste Management to receive a reduced tipping fee at the Sampson County Landfill. Mr. McKeithan noted that 50 tons per day was the number needed to achieve the reduced rate. Staff believes that Waste Management has increased its transfer of waste to approximately 120 tons per day. It is not known at this time whether this is a temporary situation to keep the tonnage going to Sampson County during this historically slow period of the year, or whether this action is permanent. However, it is known that this transfer of waste is creating a significant loss of revenue in the Environmental Management budget and the WASTEC operation. For the past several weeks, WASTEC has almost run out of garbage for fuel over the weekends. By Monday, the bottom of the garbage pit is being scraped. In order to conserve fuel, one of the smaller boilers has been taken off line to perform maintenance now instead of March as scheduled. Later this week, the larger boiler will be taken off line for scheduled maintenance. This will help WASTEC to get through March, which is historically a low tonnage month. Director Church presented reports on the impact of the waste transfer through December 31, 1998, and the projected revenue loss on the transfer of 100 tons per day for the remainder of the fiscal year. He reported that WASTEC is currently losing approximately $17,000 per week in tipping fees. The impact on the budget will be significant by the end of the fiscal year. In an effort to reach an agreement, meetings have been held jointly with the waste haulers and individual meetings have been scheduled with each hauler. The haulers are in general agreement with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 47 proposed contract but the $34 per ton tipping fee remains an issue. The meetings should be completed by the end of the week. Director Church reported the statistics presented for the past six months show the following shortfall for WASTEC and revenue gain by the Landfill. The hauling of waste out of the County has not affected the Landfill because most of the materials hauled out of the County are construction and demolition materials. WASTEC Tip Fees($184,232) Energy Sales($117,280) Total Shortfall($301,512) Landfill Tip Fees$293,924 If the transfer of 100 tons per day of waste continues to be carried out of the County for the remainder of the fiscal year, WASTEC will suffer a loss of $442,000 in tipping fees and $164,710 in potential energy sales with an overall loss of $606,710. If the tipping fee is reduced to $30 per ton and the waste tonnage returns to New Hanover County, revenue in the amount of $390,000 will be generated by WASTEC and revenue in the amount of $164,710 will be generated by potential energy sales for a total revenue gain of $554,710. The impact of 100,000 tons at $34 per ton versus $30 per ton is a difference of $400,000 in revenue generated. The waste stream in New Hanover County averages approximately 200,000 tons per year; therefore, $1 on the tip fee generates $200,000 and $4 generates $800,000. The General Fund transfer annually is $2,790,000 and the Debt Service is $2,750,000 through 2009. The Fund Balance has grown at approximately $1,300,000 over the past three years. A summary of the Environmental Management Fund Balance from 1992 to the current date was presented. In 1992, the Fund Balance was $22,000. The current Fund Balance is $4,700,000. The WASTEC Advisory Board had recommended creating a Fund Balance of $5,000,000 to cover any unexpected capital projects. This goal has almost been reached, which is quite an accomplishment. In concluding the report, Director Church informed the Board that many of the waste haulers are concerned about whether a $30 tip fee will be low enough to entice the haulers to return the waste to New Hanover County. Staff feels that more will be known after the meetings have been held with each waste hauler. Chairman Caster expressed appreciation to Director Church and Staff for the report, and he announced this item would be discussed at the retreat to be held on Friday and Saturday, February 5 and 6, 1999. ADDITIONAL ITEMS Approval of Budget Amendment #99-0086 and Capital Improvement Ordinance for the Pilot’s Ridge Project County Manager O’Neal commented on the funding agreement reached by the Board of County Commissioners at the joint meeting with the Board of Education and he requested the Board to approve a budget amendment and Capital Project Ordinance for the Pilot’s Ridge Project so grading and paving work can begin as soon as possible. Vice-Chairman Greer asked if the Capital Project Ordinance should include the additional money to be contributed by the School System for the grading, paving, and clearing project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 48 Director of Finance, Bruce Shell, said the actual figures were not available at this time; however, Mr. Bill Hance, Mr. Eddie Anderson, Assistant County Manager Dave Weaver, and Park Director Neal Lewis would be meeting to negotiate figures. An amendment to the Capital Project Ordinance will be presented once the exact figures have been determined for final approval by the Board of County Commissioners. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the Capital Project Ordinance for the Pilot’s Ridge project and to approve the associated budget amendment as listed below. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #99-0086 - Pilot’s Ridge Project DebitCredit Pilot’s Ridge Infrastructure: Transfer from General Fund$4,674,923 Transfer from School Fund$1,000,000 Transfer from Water & Sewer District$ 500,000 Contribution from Schools$1,000,000 Capital Project Expense$7,174,923 Schools $125 Million Bond Project: Capital Project Expense$3,276,000 Transfer to General Fund (Infrastructure)$3,276,000 Office of County Commissioners: Transfer In (from Fund 333/Schools and $125,000$3,276,000 Bond Project) Appropriated Fund Balance (Fund 110)$1,398,923 Non-Departmental/Transfer to Other Funds: Transfer/Capital Projects (to Pilot’s Ridge Infrastructure)$4,674,923 Public Schools Fund: Appropriated Fund Balance$1,000,000 Transfer (to Fund 319)$1,000,000 Water & Sewer Fund: Water & Sewer Operating Fund: Appropriated Fund Balance$ 500,000 Water & Sewer Engineering: Transfer (to Fund 319)$ 500,000 Purpose: To budget the acquisition and construction of the Pilot’s Ridge grading and infrastructure capital project according to the Project Ordinance. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 3. Announcement of Change in Date of Lower Cape Fear Water and Sewer Authority Groundwater Workshop Chairman Caster announced that the Groundwater Workshop sponsored by the Lower Cape Fear Water and Sewer Authority scheduled for April 7, 1999, has been changed to May 4, 1999. Work Session Rescheduled to Discuss Delineation of Wetlands Chairman Caster requested a convenient date to reschedule a Work Session with the Corps of Engineers to discuss wetlands. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 49 Consensus: After discussion, it was the consensus of the Board to schedule a Work Session on March 18, 1999, at 10:00 a.m. in the New Hanover County Administration Building, Room 501, 320 Chestnut Street, Wilmington, North Carolina. Discussion of the Board Endorsing the Concept of a Regional Agriculture Multi-Use Facility Chairman Caster advised that a letter had been received from the Cape Fear Agricultural Parks, Inc., a non-profit organization, requesting the Board of County Commissioners to support the efforts of this group in acquiring property to develop a regional Agriculture Multi-Use facility to accommodate a farmer’s market, annual fairs, horse shows, the Azalea Festival Circus, and other events. Since the property on Carolina Beach Road is being used for this purpose and will be eventually sold, the group has requested a letter of endorsement from the Board of County Commissioners. No County funding will be involved with this effort. Consensus: After discussion, it was the consensus of the Board to authorize the Chairman to write a letter of endorsement to Cape Fear Agricultural Parks, Inc. for the group’s effort in acquiring property to develop an Agriculture Multi-Use Facility. Announcement of National Hurricane Conference Chairman Caster announced that the National Hurricane Conference would be held on March 29, 1999 through April 2, 1999 in Orange County Florida. He asked if a Commissioner would like to attend the event. . County Manager O’Neal encouraged the Commissioners to attend the conference Commissioner Birzenieks requested additional information on the conference and said that he would review the data and inform the Chairman about whether he could attend the event. Work Session Tentatively Scheduled with the Airport Authority Chairman Caster requested the Board to select a date that would be convenient to meet with the Airport Authority. Consensus: After discussion, the Board agreed to tentatively schedule a Work Session with the Airport Authority on Wednesday, March 10, 1999, at 7:30 a.m. in the Airport Conference Room. PUBLIC HEARING TO CONSIDER A REQUEST FROM LEROY BEASLEY TO CONSTRUCT A COMMUNITY PIER FOR PURVIANCE SUBDIVISION ON THE NORTH SIDE OF WHISKEY CREEK (S-439, 2/99) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Leroy Beasley Planning Director, Dexter Hayes, reported that the petitioner seeks to construct a private community pier without boat slips. The facility is designed to serve Purviance, an 18 lot performance subdivision located along Whiskey Creek east of Masonboro Loop Road. Planning Director Hayes reported that the Planning Board voted unanimously to recommend approval of the petition as submitted. The Board noted the petition was consistent with similar pier and dock uses in Whiskey Creek and generally consistent with the area’s established land use pattern as well as the Land Use Plan. Planning Director Hayes presented the following preliminary staff findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 50 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The facility requires no water and/or sewer services. B. The site is located in the Winter Park Volunteer Fire Department District C. No vehicular access is needed. D.A CAMA permit is under review and initial reports indicate the facility would meet applicable requirements. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Community boating facilities, with or without boat slips, designed to serve five or more residential lots are permitted by Special Use Permit in the R-15 Residential District. This area is zoned R-15 Residential. B.The right to use the facility has been conferred by a private walkway (common area) between lots 6 and 7 of the project. The common area is linked to the private street serving the development and all lot owners will have access to the pier via the common area. C.The pier will not include boat slips. D.No commercial activities are proposed. (None are permitted the R-15 Residential District.) E.Initial environmental impacts appear to be minimal. 3.The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A.Piers, community boating facilities, ramps and similar structures linked to residential projects typically increase property values rather than diminish them 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.Private piers and related structures are commonplace along parts of Whiskey Creek and the nearby Intracoastal Waterway. B.A large commercial marina is located at the mouth of Whiskey Creek at the waterway. This facility is less than ½ mile from the location of the applicant’s pier. Chairman Caster asked the petitioner, Leroy Beasley, if he concurred with the findings of fact as presented by the Planning Director. Mr. Beasley said he concurred with the findings of fact and he requested approval of the Special Use Permit. Chairman Caster asked if any other persons sworn in would like to speak. There being no comments, Chairman Caster closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 51 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a Special Use Permit to Leroy Beasley for construction of a community pier for Purviance Subdivision on the north side of Whiskey Creek based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 25. BREAK Chairman Caster called a short break from 7:35 p.m. to 7:40 p.m. so the sound system could be repaired. Chairman Caster advised that since the Board was ahead of schedule, he would recommend holding the meeting of the Water and Sewer District. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 7:41 p.m. to hold a meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 7:58 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY RONALD KORNEGAY TO LOCATE A MOBILE HOME ON CASTLE HAYNE ROAD IN THE RA RURAL AGRICULTURE DISTRICT (S-439, 2/99) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Ronald Kornegay Planning Director, Dexter Hayes, presented a request by Ronald Kornegay for a Special Use Permit to locate a mobile home at 4231 Castle Hayne Road in the Rural Agriculture District. He presented the following preliminary staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based on the following findings: A.The petitioner has received approval from the New Hanover County Health Department for the placement of a septic tank and well. B.The site has access via a private easement connected to Castle Hayne Road C. The site is located in the Castle Hayne Volunteer Fire Department District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 52 A.Mobile homes are permitted by Special Use Permit in the RA Rural Agriculture District. The site is zoned RA Rural Agriculture. B.The site meets the minimum area requirements of the District and complies with applicable setbacks and related yard requirements. C.Adequate area is available to meet off-street parking requirements. 3.The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A.Property to the south includes two mobile homes. Also, a portion of that same parcel is used for construction storage and maintenance. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.The area is predominantly rural, consisting of scattered residential uses including mobile homes. Chairman Caster asked the petitioner, Ronald Kornegay, if he concurred with the findings of fact as presented by the Planning Director. Mr. Kornegay agreed with the findings as presented. He informed the Board that he wanted his oldest son to live in the mobile home. Chairman Caster asked if any other persons sworn in would like to speak. There being no other comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to grant a Special Use Permit to Ronald Kornegay to locate a mobile home on Castle Hayne Road in the RA Rural Agriculture District based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 25. APPROVAL OF REQUEST BY PLANNING STAFF FOR DEAN POTTER TO NAME THE PRIVATE DRIVE SERVING WILLIAMSBURG PLACE AT NORTHCHASE TO BELMONT WAY AND TO ASSIGN STREET ADDRESSES (SN-82, 2/99) Planning Director, Dexter Hayes, presented the request by the New Hanover County Planning Department on behalf of Dean Potter. Williamsburg Place is an attached multi-family development that utilizes an unnamed circular drive (common area) for access to NorthChase Parkway West. Based on the design of the project and in accordance with the County’s street address regulations, the County assigned one central address to the development using NorthChase Parkway West as the street name. Since the issuance of the central address, several County agencies have had difficulty locating specific buildings for inspection and mapping purposes. Several adjustments to the preliminary site have also taken place. The naming and addressing of this common area to Belmont Court will eliminate the problem. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 53 At the present time, approximately 7 to 10 units within Williamsburg are occupied and will be affected by the change. Belmont Court is an unduplicated street name and has been approved by E-911. If approved, the County will be responsible for installing a street sign at the entrance to the project. The effective date of change will be May 3, 1999. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the Order and Ordinance to name the private drive serving Williamsburg Place at NorthChase to Belmont Way and assign street addresses. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Order and Ordinance naming the private drive and authorizing assignment of street addresses are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 3. APPROVAL OF ORDER TO NAME A PRIVATE ACCESS EASEMENT TO PONDEROSA LANE AND TO ASSIGN ADDRESSES (SN-81, 2/99) Planning Director, Dexter Hayes, presented a request by staff for Ronald Smith to name a private access easement located 300 feet south of Dartmouth Road to Ponderosa Lane and to assign addresses. A study of the area reveals a small residential enclave near the Wilmington City limits containing a private, unimproved road with an unspecified easement width and approximately 4 residences. Concern about emergency service delivery has prompted Mr. Smith to request the Board to properly name and number the road. Residents who live along the road chose the name which has received approval from E-911. If approved, the County will be responsible for installing a street sign. The effective date of change will be May 3, 1999. Planning Director Hayes stated that new addresses needed to be provided to the residents; however, Staff recommends that the easement be named Dartmouth Road as a logical extension of the existing stub which intersects with Westchester Road. The naming to Dartmouth Road may be more appropriate if the applicant’s property is subdivided in the future and the road is platted and improved. Chairman Caster asked if anyone from the public would like to comment. Mr. Ronald Smith, the petitioner, informed the Board that Ponderosa Lane was selected in recognition of his family. He requested the Board to approve renaming the road as requested. Vice-Chairman Greer explained to Mr. Smith that Staff was concerned about a portion of the road being named Dartmouth Road and then changing to Ponderosa Lane. He suggested naming the road to Dartmouth Road up to the 90 degree turn, where the name would change to Ponderosa Lane. Mr. Smith suggested changing the name Dartmouth Road to Ponderosa Road. Motion: After discussion, Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to name the portion of the road in New Hanover County to Ponderosa Lane. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Ordinance and Order naming the private access easement and assigning house numbers are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 54 PUBLIC HEARING TO HEAR A REQUEST BY TASK BUILDERS TO REZONE 10.83 ACRES AT 721 PINER ROAD TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-646, 1/99) Chairman Caster opened the Public Hearing Planning Director, Dexter Hayes, reported that the Planning Board voted 4 to 2 to recommend approval of the petition with a modification to leave the rear 50 feet of the tract zoned R-15 Residential. The general purpose of that exclusion was to provide additional setbacks and buffering between Wood Duck Forest, an adjacent single family development and the subject property. The applicant pointed out to the Board that he had met with a number of the property owners in Wood Duck Forest and they did not oppose the change provided that adequate buffering and setbacks would be implemented. There was no opposition; however, there were some remarks about future drainage and traffic in the area. In closing, Planning Director Hayes reported the residents of Wood Duck Forest Subdivision, which borders the subject property, were very much opposed to the rezoning of the adjacent parcel because of a loss of privacy, incompatibility and fear of crime. While buffering and setback standards would provide adequate visual protection and separation, these items alone may not be sufficient to off-set the impacts of an open-ended zoning classification. Combining this with the other concerns previously stated, Staff believes the petition should be denied. Chairman Caster asked if the petitioner would like to comment. Attorney Jim McDonald, representing Task Builders, reported that since the Planning Board meeting, an agreement had been negotiated with the property owners to provide a 50 foot setback at the rear of the property. He advised that several residents were present in support of the proposed rezoning, and he stated with the proximity of major commercial uses in the Monkey Junction area and the need for additional office and institutional uses, it would be a prudent and reasonable choice for the Board of County Commissioners to rezone the property to O-I Office and Institution. Attorney McDonald explained that the petitioners were willing to provide a 50-foot vegetative buffer between the property with a common boundary line that would be shared with Wood Duck Forest Homeowners Association. He informed the Board that a copy of the declaration easement had been prepared and was being reviewed by the Homeowners Association. He said once this process is completed, the document would be recorded tomorrow morning. County Attorney Copley requested the Board of County Commissioners not to consider the private easement agreement when rendering a decision on the rezoning request because this would be illegal contract zoning. She explained that the agreement was between the residents and petitioners; therefore, New Hanover County would not be able not be to enforce any conditions in the agreement. Mr. McDonald stated the easement was provided in an effort to satisfy the residents and prevent having to hold another hearing on the zoning case. He again stated the declaration easement would be recorded in the morning. Chairman Caster asked if anyone from the public would like to comment. Mr. Mark McLamb, Director of Wood Duck Forest Homeowners Association, said the residents were very concerned about the rezoning until they met with the petitioners and worked out an agreement to provide the additional 50 foot buffer to protect the neighborhood. He stated since this agreement has been reached, the residents are in favor of the rezoning. Mr. William Claytor, a resident of 5820 Wood Duck Circle, said that he did not have any illusions about the property being developed. He commented on the number of children that play NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 55 at the end of the street and he emphasized the importance of having the easement document recorded to ensure privacy and safety to the residents. Mr. Rob Zapple, representing Mr. John Thomas, the developer of Highgrove Place, strongly objected to the proposed rezoning. He said the residents purchased their homes under the assumption that the property would be protected from inconsistent land uses. If this property is rezoned, the door will be opened for other commercial uses along Piner Road. He questioned the need to have planning if exceptions are made. The homeowners in Highgrove Place have every right to expect that commercial development should stay where it is clearly defined. To allow this rezoning will set a dangerous precedent for the Piner Road area, which is already plagued with traffic. No one knows what type of development will occur on the property since the Zoning Ordinance does not require the developer to submit a plan. He stated that a commercial operation should not be dropped in the middle of a residential area, and he urged the Board to deny the rezoning request. Mr. Lloyd Atkinson, a partner of Task Builders, said that he sold most of the homes in Wood Duck Forest; therefore, he did not mind giving an acre of land for the buffer to protect the residential neighborhoods. County Attorney Copley, again, cautioned the Board about considering any remarks regarding the negotiated easement agreement when rendering a decision on the rezoning request. Mr. McDonald explained that a 50 foot vegetated buffer would be provided to the back of the property and restricted to residential use. He advised that the document would be recorded tomorrow morning and stated that he would not jeopardize his reputation by not recording the document. He requested the Board to consider the rezoning request. Commissioner Davis asked if the residents were satisfied with the document being recorded in the morning. The residents indicated their satisfaction with this procedure. There being no other comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to rezone the entire site to Office and Institution from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 53. APPROVAL OF REQUEST BY RANDALL BRAY TO REVISE THE APPROVED SITE PLAN FOR WILMINGTON SHIPYARD POINT HARBOR VILLAGE IN CONDITIONAL USE DISTRICT (Z-559, 1/96; REVISED 12/98) Chairman Caster announced that conditional use zoning requires a quasi-judicial hearing; therefore, any one wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Randall Bray David Butts Donald R. Butler Mr. Randall Bray, the petitioner, commented on discussion that was held at the last meeting and he stated the requested sketches have been presented to the Board and the provision of adequate sized holding tanks for wastewater storage for each floating structure has been addressed. He offered to answer any questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 56 Vice-Chairman Greer expressed appreciation to Mr. Bray for the sketches and he asked Planning Director Hayes if the sketches could be incorporated as a condition of the revised plan. Planning Director Hayes noted that members of the Planning Staff would be responsible for rendering administrative decisions if the sketches are incorporated as part of the plan. County Attorney Copley suggested incorporating language to state that the units will be consistent with the artist rendering with non-compliance requiring re-approval by the Board of County Commissioners. Mr. Bray concurred with the language presented by the County Attorney Chairman Caster stated for the record Almont Shipping Company was still opposed to the proposed project. Mr. David Butts, President of the Cape Fear River Rowing Club, spoke in favor of a community boating facility located on the river. He advised as a member of the rowing club for 10 years, Mr. Thomas Wright had allowed members to store row boats on his property. However, this property was sold and at that time, Mr. Bray and his associates offered storage space to the Cape Fear River Rowing Club. Since the Club serves as the host organization for UNCW and Cape Fear Academy, there is a need to have storage area for non-motorized human powered craft. Planning Director Hayes responded that staff would not have a problem with allowing storage space for the Cape Fear Rowing Club; however, this condition should be made part of the official record. There being no other comments, Chairman Caster closed the Public Hearing. Motion: After discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the revised plan presented by Randall Bray for the Wilmington Shipyard, Point Harbor Marina Village by reducing the boat slips to 91; authorizing 15 floating structures (homes) in the marina with the design to be substantially consistent with the artist rendering presented at the hearing with non-compliance requiring re-approval by the Board of County Commissioners; eliminating 39 land-based residential units; establishment of a multi-use Marine Resources Center for use by the N. C. Public Aquarium, Cape Fear Rowing Club; the County Museum and related educational recreational groups; expansion of areas devoted to open space; and the provision of adequately sized holding tanks for wastewater storage for each floating structure. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the revised plan is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 3. CONSIDERATION OF SUBDIVISION TEXT AMENDMENT TO REQUIRE CONSTRUCTION DRAWINGS AFTER PRELIMINARY PLAN APPROVAL AS A PREREQUISITE FOR STREET ADDRESS ASSIGNMENTS (A-293, 1/99) Planning Director, Dexter Hayes, reported on the Planning Board’s decision. After listening to several speakers concerning the logistics of land development as well as utility company representatives explaining their review procedures, the Planning Board voted unanimously to reject the amendment proposal as submitted. In support of that decision, the Planning Board reasoned that addresses could just as easily be assigned after the preliminary plan was approved provided that approved street names were included with the plan. The Planning Board felt it would be costly and unnecessary to produce detailed construction plans just to obtain addresses. The Planning Staff pointed out that the proposal was merely an option and that obtaining an address could be handled the way it is currently, which is based on final plats or more expeditiously if the developer needs street addresses before building permits were issued. Staff also noted that preliminary plans become moving targets, making it very difficult to ensure great accuracy for assigning numbers when the plan is likely to change. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 57 NO ACTION WAS TAKEN After a lengthy discussion,by the Board of County Commissioners. However, the Board did agree to an administrative policy that will change the current addressing procedures to allow for the assignment of numbers following preliminary plan approval for only those subdivision lots that are requesting building permits. This will ensure that only the minimal amount of information is distributed to the various agencies at the very preliminary stage in the development process. PUBLIC HEARING ON NEW HANOVER REGIONAL MEDICAL CENTER REVENUE BOND FINANCING Chairman Caster requested a motion to hold a Public Hearing for the New Hanover Regional Medical Center Revenue Bond financing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to hold a Public Hearing. Upon vote, the MOTION CARRIED as follows: Ayes:William A. Caster, Chairman Robert G. Greer, Vice-Chairman Uldis “Buzz” Birzenieks, Commissioner Ted Davis, Jr., Commissioner Charles R. Howell, Commissioner Nays:None Chairman Caster opened the Public Hearing, and requested the Board to adopt the following resolution: WHEREAS , the North Carolina Local Government Commission wants to be assured that monies are available beyond proceeds of the County’s Series 1999 Hospital Revenue Bonds to pay for certain projects to be financed by those bonds, in the event actual project costs exceed current expectations; and WHEREAS , the North Carolina Local Government Commission wants the Board of County Commissioners to adopt a resolution in that regard; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners is informed and believes that New Hanover Regional Medical Center has funds available to it and on hand that can and will be used to complete the projects to be financed with above referenced bonds in the event that bond proceeds are not adequate to complete those projects. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Chairman Caster requested a motion to adopt the resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the resolution as read. Upon vote, the MOTION CARRIED AS FOLLOWS: Ayes:William A. Caster, Chairman Robert G. Greer, Vice-Chairman Uldis “Buzz” Birzenieks, Commissioner Ted Davis, Jr., Commissioner Charles R. Howell, Commissioner Nays:None NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 1, 1999 PAGE 58 ADDITIONAL ITEMS Regular Board Meeting of February 15, 1999 to be held in the Assembly Room Clerk to the Board, Lucie F. Harrell, reported the February 15, 1999 Board meeting has been advertised to be held in the Golden Hawk Room at UNCW. She asked if the Board wanted to meet at the University or meet in the Assembly Room since the renovation work had not begun. Consensus: It was the consensus of the Board to hold the February 15, 1999 meeting in the New Hanover County Courthouse Assembly Room located at 24 North Third Street, Wilmington, North Carolina. The Clerk was requested to re-advertise the meeting. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 8:59 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board